Ultimatum given - Resign or face enquiry with possible dismissal

[craigba]

Hi everyone,

I hope I can get some answers here again. My wife is still working for the company that unfairly demoted her during her probation. She attended a meeting where she was told her work performance was not up to scratch and that she needs to resign or face an enquiry (with possible dismissal). She requested that this be in writing (Thanks to me) and the company has done so. If she resigns, can she state that it is under duress then approach the CCMA for constructive dismissal? A lot of the accusations are untrue (my wife wasn't even there on the dates of the incidents) and the employer has never issued her with valid warnings (i.e. signed and accepted) and has not given her proper training (i.e. also signed and stated that the training has been completed satisfactorily). Also, for things like not wanting to work on weekends (we had prior plans). Does she have a leg to stand on?

Craig

[Dave A]

I suggest you read Anthony Sterne's blog entry on constructive dismissal. Given that the option of facing a disciplinary hearing is given, by declining it and taking resignation instead means your wife will probably not satisfy the requirement of exhausting all internal processes to resolve the issue.